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LisaJL

homeowner's rights

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Calif

My 30 year old (drug addict) daughter lives at home with her dad and me. She pays no rent. She started inviting, 'friends' to stay drug addicts, alcoholics, lazy, jobless etc. Some have been here 3-4 months. I have told them to get out, told them not to come in my house, but they come in when I am at work or asleep. They have even moved a bunch of stuff in.

I have called 911 several times to get them out, but the police say I cannot kick them out. If they spent even 1 night at me house, they do not have to leave. If they have left in my house an item like a toothbrush, that is enough proof that they live there and I now have to serve them with a 30 day notice.

Is that true? It's my house not their's! I think that is crazy.

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The police are not lawyers.

And your "guests" are not tenants. Neither is your daughter.

Trouble is, the only way to get out from under this situation is kick your daughter out along with the rest of them and change the locks.

This will be the toughest thing you'll ever experience and it might end your marriage if he Dad resists and you play hard ball.

Sometimes, the only way to handle a drug addict is to kick her out and let her hit bottom, no matter what the consequences, so she can decide what to do with her life.

Been there with my stepson who, unfortunately, ruined his own life and never came back up from the bottom. My ex was his enabler so that took care of the marriage as well.

I suggest you join Al-Anon and get some counselling about how to cope with a drug addict in the family.

Nothing changes until you make a move. Trust me on that.

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My 30 year old (drug addict) daughter lives at home with her dad and me. She pays no rent. She started inviting, 'friends' to stay drug addicts, alcoholics, lazy, jobless etc. Some have been here 3-4 months. I have told them to get out, told them not to come in my house, but they come in when I am at work or asleep.

And is there some reason you haven't called the police to remove these unwanted guests?

If they spent even 1 night at me house, they do not have to leave.

Where did you get that idea?

If they have left in my house an item like a toothbrush, that is enough proof that they live there and I now have to serve them with a 30 day notice.

Where did you get that idea?

Is that true? It's my house not their's! I think that is crazy.

Of course it's crazy. And neither of the things you said are true.

Sounds like it's time to give some long and hard thought about tough love with your daughter.

And your "guests" are not tenants. Neither is your daughter.

I disagree that the daughter is not effectively a tenant. The poster admits that the daughter lives at the poster's residence. The post is silent as to how long the daughter has lived there, but she almost certainly would be considered a tenant at sufferance. The only indication that the daughter is anything other than a tenant is the fact that she doesn't pay rent, but that's not even remotely dispositive (and, by itself, isn't really relevant at all).

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If daughter resides there, she's a tenant. Once you allowed people to move in and also reside there, they become tenants as well. You should have changed the locks when you first realized they intended to stay night after night (though cops would have told you to give daughter a key, but if you refused it might have been better/easier to let her sue you for unlawful eviction).

We cannot know what you told the police, but if they talked with daughter and she said they are invitees of hers, may be nothing they can do. (They may have simply been annoyed at you calling 911 for a non-emergency vs. local precinct.)

I suggest that you issue your daughter and these other jokers a notice to vacate (mailed to them at your address, as well as posted on her door). Can't know whether you should pretend they're weekly tenants supposed to be paying you $150 a week. If daughter has lived there more than a year, you'd perhaps to give her a 60-day notice (if she's lived there for more than a year). IF they are busting up the place, etc., you can issue them a notice to cure condition or quit meanwhile.

Please google "California landlord tenant" and read up on the state's booklet.

"I have called 911 several times to get them out..."

STOP calling 911. :)

"If they spent even 1 night at me house, they do not have to leave."

They're wrong about that; they're blowing you off.

Please seek local real estate counsel who handles landlord-tenant stuff if you aren't willing to research this.

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Sorry to hear you are in this predicament. Sounds like it may be time to change the locks.

Sacramento land use lawyer with a focus on property rights

Edited by FindLaw_AHK
As per the Community Guidelines, links to personal web pages or blogs may be included in the signature line. Other personal or identifying information in this post has been removed. -Moderator

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My husband and I are facing the same thing. But, we haven't let it go on as long as you have. We are in Texas. As of today, we are serving our daughter with a 30 day eviction notice. You have to protect yourself and also have leverage for them to get clean. I am just disgusted with drug addicts camping out in our home! Because they are drug addicts, if they haven't already, will be stealing your personal property for drug money. Serve eviction notice ASAP!

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